Authors : Archana Sukey
Page Nos : 498-504
Description :
Among the emerging technologies, nanotechnology is one of the most prominent examples and it raises high expectations in a wide range of areas affecting daily life. Nanotechnology is a science which operates at an extremely small scale, as it uses the size of a so-called nano scale. There are two main ways of applying nanotechnology so far: One is the top-down approach, whereby structures are made smaller and smaller until they reach a nanometric scale. The other approach is the bottom-up approach, by which elements at the nanoscale are chosen and assembled to form some sort of matter or mechanism. This way of manipulating matter at the atomic level obviously bears the potential of enormous developments.
The commercialization of nanotechnology results in extraordinary for the benefit of humankind in a foreseeable future. For example, in the area of health, achievements such as diagnostic tools penetrating (and perhaps remaining in) cells or therapeutic micro-tools directly treating ill cells from the inside can be envisaged. Extremely small electronic components allowing miniaturized and much more powerful electronic devices could be developed. While inventions in the field of nanotechnology would, as a general rule, appear to qualify for patent protection, there are a number of issues that may need further consideration subject to the fulfillment of the relevant conditions of patentability. There is some consensus that patenting NT innovations poses more problems than other technologies, owing to their multi-disciplinary character, cross-sectoral applications, broad claims as well as difficulties in fulfilling the patentability criteria of novelty, non-obviousness and industrial application. The patent if properly granted facilitates more and more innovations in the field to which the invention belongs however the growth retards once the patents are wrongly granted or rejected.
Today the Indian Patent Act has no provision that incidentally touches the field of nanotechnology. There have been no guidelines or regulations framed with respect to regulating this technology even though the TRIPS agreement specifically provides that intellectual protection must be extended to all fields of science so that it encourages more research and innovations. Thus this research paper discusses various issues relating to patenting of Nanotechnology and addresses suggestions to cope up with challenges posed in patenting of Nanotechnology.
